THE GOVERNOR AND THE GENERAL COMMANDING.

Lyttelton Times, Volume XXVIII, Issue 2126, 14 October 1867, Page 3

THE GOVERNOR AND THE GENERAL COMMANDING.

The following, memorandum by Mr. Stafford is dated: Sept.. 16,;and;Avas; transmitted tathe-'Secretary" p|.,'Siat.e. for the Colonies: by. liis. Excellency, onSept. 11 ;-'"■ ' : ; :'\ : ...../' The Responsible Advisers of the Crow 11 in New : Zealand observe:, the following Btiiteinents-in the Secretary °f State's ,'t'b the Governor, 80. 37, pf the. 18th, June; 4.8)57 :-+;' : '&

" With regard to :the ultimate' dis-, Po»al of this ; regiraeut;(lß) X-await:tlie; arrival of the.next,mail;:iiu the., ©ipec-: Nation ol\i'eceivirig:.by;thatoppertunity: "'e further'expression' of -your views °i the subject, pf my predecessor's |l)e-

spatchea referring to s military operations in New' Zealand, which your Despatch of Lhe 'lth April, No. 30, promises."

On 'referring to the Despatch:of.tl 16 4th-. Aprilj'it' will be bbservetf-that the .Govenibrjlid not ; ~ (as Secretary, of. Stato)^promise n; further' .ex prcssibiipf: his ,qwu iyiep ..-.hoj.nid.i'eiy-'tVii'ii^iiiiltiul^iit -th& request :.6f his Eespoi)sihle ; Adyisers r aMemoraiiduhi: on tife subject'of that re<*iineiif, in which Memorandum they istiited that they, woulci. "take, :aiKvtlver. opportunity . of expressing .their views oil thp siibject;of tlm;. I) patch,, aiid of other Despatches(from the. Secretary of. State referring to military operations iii i\ew Zealaud.'' !fhi s promise was' fulfilled in their Mfmioratidum of the-; 17ih, ISO 7, .unclosed in tlife Governor's Despatch No. ri7, of tu* i>7lli of that .month; ' This statement which j'MintsteH point out assumes a peculiar ■ importance, inasmuch as the Despatch containing it concludes with the simple announcement that .the Governor's successor will forthwith, be- appointed. Adverting.: to the previoua part of the Despatch of Lhe iSL.h June- Ministers are tumble to understand on what grounds the Secretary of State-believes that#e ; grave constitutional questions raised .by the. Governor.. '.in hi s . Despatches to the Colonial Gice are mere persoual Matters, which' the witliilcawiil from tlie .cploiiy of Her Majesty's regular forties, and the,trausierence of General Chute's head quartern from Auckland to Melbourne render it unnecessary, to discuss. questions' are, generally, to the following, ellect:— 1 ; Whether, the Governor of a colony; holding Her Majesty's commission as Governor and CoinmaudetN in-chiet; responsible for life.and property, ami invested with constitutional relations to the colony, cau be required by a Despatch from the Secretary of State to hold the powers- given to him by the Eoyal Commission in vieuceto a subordinate military officer, ia respect ot- whom that responsibility and those relations do iiot exist. _ 2. Whether the Colouy can be held liable for the cousequeuces which may ensue from the sudden withdrawal by that subordinate officer of garrisons from disturbed districts without an. opportunity being afforded to the Governor and the Colonial Government of making .any provision for the protection, of life and property, and for the fulfilment of obligations entered into by them with loyal natives. On this point Ministers would refer to the enclosures iu the Governor's Despatch jN t o 21, of the 19th February, IBG7, IVom which it will be seen that General Chute, on the 7th of that month, without previous communication with

the Governor, informed the local Government Agent at Auckland that the :5.7th regiment would be withdrawn in eighi days from the outposts in WaU Raglau, and that the Government Agent pointed out the direct ;feiDcouragement: which such a sudden step- ; :would give to the insurgents at ;Tauranga,; that he, had no. means'of, - abandonment-: of those posts.; and in vain. requested tbat action might be deferred until at least .an opportunity had been given of communicating with the Governor-.

3. Whether the proper functions of a Governor and his Ad, visera can be to a great extent abrogated, and the good government of a colony frustrated by the system adopted by the Imperial (xoveriimeut :of receiving secret accusations of the .grayest kind against the Governor and i'he •Colonial authorities, and of officially publishing those accusations, before' either explanation or defence could be received. In illustration of thisj Ministers would refer to the papers ,pn New Zealand Affairs presented in May .last: by. Her Majesty's ■command to botli Houses of Earl ikmen t, wherein is published the Despatch No. 9, of the Ist February, 1867, from the Earl of Carnarvon, transmitting, to the governor for his eiplanatioii letters from Bepiity Commissaryy:-;Geheral Strickland, in ■wHcli..t&e.,- : .&dyernd'c. aiid his Government are- charged with conducting an aggressive war ■•:againsfc the, : Natives, and with improperly using Imperial troops and; money for the; purpbse of acquirihg!.;forcible mm-., aion/bf Native territory. The'Seeretary of State, who sent these.ietters to the Governor for explanation, must, ■necessarily have, been.. aware that all, knowledge of; them had been previously withheld from the Governor,; yet does. not. refrain from ordering,' before any reply, could be received, their publication. in the most authori;tatiye form known to the constitution "of the:r,ealm< 4. Whether it was consistent with. the due position of the Goyernorj and with the rights^of Her Majesty's, sub-.. ■ jects/that General.. Chute, as. stateCiti: the Governpr's -Despatches feo'4he : .'Sec-.' retaryofState.. (Separate, 18G6,;and No. 18,1 st 'mfy. 'shouldhave caused ip;be.eiecuted}:witjibut;trial;: and have withheld from the.Governor, all.kriowledgeof this fact These questions do 'npt,.aß;tiie.-Sec-.' retarjr'of;.State; apparentlyvbelieyesj : raise merely temporary .peruopar but .their;'determination;ln--vblVes principles uSecting ; the::liyes; iind; .property of■' .bbth^raieeCiri^this.'icolqnyv--, ;

Ministers will only ■brieflf adpii to,: the,recall of4liß y ;Gbyerupr, recognise the absolute right. oTIIer, MostßracipusMaj pleasure" heriG-wernprs;. butthey : regret- \h&, :Sii\ &e.prge;. Grey, who has held/for ,twenty4ii:yeari,Her.. . Majesty's commission. ; as Governor of the: empire, 'great have■ been from time to.time cordially recognized, by the motto eminent English' "Btatesniß.il, -should: ;be summarily recalled.:withqiit ope w : 6rd of explana,: tion in the Despatch, which communicated that recall Ministers desire to express their sympathy withHisExceilehcy at having been, by so unusual a preceeding,.subjected to what appears to be a studied act pfdiscpurtesy; and fcheyare unable to divest themselves of the 'belief that the recall of His Excel-

lency has in a great measure resulted from the uncompromising manner in which lie lias uphold the constitutional position of the Kepresentative of the Crown,—a position upon the duo observance of which the rights and liberies of Hot Majesty's subjects in New Zealand so greatly depend.